Decree No. 258/2025/ND-CP On Management of Parks, Greenery, and Water Surfaces

DECREE

On management of parks, greenery, and water surfaces

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Urban and Rural Planning Law No. 47/2024/QH15;

Pursuant to the Law on Management and Use of State Property No. 150/2017/QH14, as amended and supplemented by Laws No. 64/2020/QH14, No. 07/2022/QH15, No. 24/2023/QH15, No. 31/2024/QH15, No. 43/2024/QH15, No. 56/2024/QH15, and No. 90/2025/QH15;

Pursuant to the Construction Law No. 50/2014/QH13;

Pursuant to the Environmental Protection Law No. 72/2020/QH14;

Pursuant to the Land Law No. 31/2024/QH15;

At the proposal of the Minister of Construction;

The Government issues this Decree on the management of parks, greenery, and water surfaces.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates activities related to the management of parks, greenery, and the organization of water space landscapes in urban areas and rural residential zones; the management, use, and exploitation of infrastructure assets of parks and greenery invested in and managed by the State.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals involved in activities related to parks, greenery, and water surfaces within the scope regulated by this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Greenery refers to trees planted intentionally or naturally occurring trees retained in urban and rural residential areas (including shade trees, shrubs, climbing plants, herbaceous plants).

2. Public greenery refers to greenery in public spaces such as sidewalks, median strips, traffic islands; park spaces, flower gardens, squares, and other public spaces as prescribed.

3. Restricted greenery refers to greenery in spaces of office premises, schools, hospitals, cemeteries, religious sites, villas, residences, and other public facilities managed and used by organizations and individuals.

4. Specialized greenery refers to greenery in nurseries or for research purposes; isolation greenery.

5. Isolation greenery refers to greenery used for isolation and protection purposes.

6. Conservation greenery refers to ancient trees, plant species listed in the Red Book of Vietnam's flora, and trees with historical and cultural value.

7. Shade trees refer to woody or columnar trees with broad and dense canopies that provide shade and block direct sunlight from reaching the ground.

8. Ancient trees refer to long-lived woody trees planted or naturally occurring, with a minimum age of 50 years.

9. Hazardous greenery refers to trees or parts of trees that pose a risk of falling and causing accidents to people, damaging vehicles and structures; trees containing toxins harmful to humans; trees with root or trunk rot; trees affected by pests or diseases that could spread widely.

10. Removal and relocation of greenery refers to the complete removal of greenery or moving greenery from its current location to a new location.

11. Park refers to an area designated for public use with functions of protecting and developing natural resources, creating landscapes, improving ecological environments, or providing recreational, resting, relaxing, and entertainment spaces for all people.

12. Multi-functional park is a type of park designed for multiple uses including landscape creation, ecological environment improvement, recreation, sports, stormwater drainage, and other purposes.

13. Green park is a single-purpose park designed primarily for landscape creation, green space provision, ecological environment improvement, with relatively simple constructions and organized activities for rest, walking, and simple sports.

14. Greenery management services include planting, caring for, nurturing, protecting, and removing and relocating public greenery.

15. Park management services include operating, exploiting, maintaining infrastructure, preserving landscapes and environments, and ensuring security and safety in parks.

16. Green surface refers to land or construction surfaces covered with greenery.

17. Water surface refers to the surface of large bodies of water including rivers, streams, canals, ditches, creeks, lakes, ponds, swamps, and lagoons.

19. Infrastructure assets of greenery invested in and managed by the State include living public greenery, living specialized greenery, and auxiliary equipment attached to greenery for management and protection purposes.

20. Infrastructure assets of parks invested in and managed by the State include greenery, transportation, technical infrastructure works, service works, auxiliary works, equipment in parks, and park lands and water surfaces.

21. Flower garden is a small-scale green park project under 1 hectare.

22. Nursery refers to concentrated seedling cultivation gardens following technical procedures for tree propagation, ensuring planting standards before transplantation.

Article 4. General Principles for Managing Parks, Greenery, and Water Surfaces

1. Management of parks, greenery, and water surfaces must comply with approved urban and rural planning schemes and technical standards; it shall meet requirements for management, use, and exploitation.

2. Planning, design, and development of parks, greenery, and water surfaces must be appropriate to natural conditions, characteristics, functions, traditions, culture, harmonize with natural green spaces, landscapes, and environment, ensure adaptation to climate change, ecological balance, and biodiversity. Priority should be given to developing parks and greenery around water bodies in conjunction with infrastructure investment to protect water surface spaces.

3. Parks, greenery, and water surfaces shall be managed, maintained, and operated to ensure their service functions, safety for the community, and landscape aesthetics. The use and exploitation of water surfaces must comply with laws on water resources, land, and other relevant laws.

4. Management of parks, greenery, and water surfaces located within spaces associated with architectural historical-cultural relics and scenic spots must comply with laws on cultural heritage and other provisions set forth in this Decree.

5. Management, use, and exploitation of park and greenery infrastructure assets shall follow the following principles:

a) Management and use of infrastructure assets of parks and greenery invested in and managed by the State shall be carried out in accordance with laws on state asset management and use, relevant provisions in this Decree, and other related laws.

b) Management and use of infrastructure assets of parks and greenery that have been incorporated as state capital components in enterprises shall not be conducted according to Chapter IV of this Decree but shall be carried out in accordance with laws on state capital management and use in production and business activities of enterprises and other related laws.

c) Organizations and individuals responsible for managing, using, and exploiting infrastructure assets of parks and greenery they have invested in must ensure landscape aesthetics, service functions, and community safety until such assets are transferred to state management in accordance with regulations.

6. Encouragement and facilitation for organizations and individuals to participate in investment and development of parks, greenery, and water surfaces are promoted.

7. Priority should be given to using energy-saving and environmentally friendly materials in investment and development activities of parks, greenery, and water surfaces. Accessing and applying technology and digital transformation in park management activities should be suitable to actual conditions.

Article 5. Development of Parks, Greenery, and Water Surfaces

1. Urban and rural planning must meet the following requirements regarding parks, greenery, and water surfaces:

a) Ensuring the proportion of land area allocated for parks, greenery, and water surfaces in land use structure;

b) Arranging parks, greenery, and water surfaces harmoniously with urban and rural residential area development spaces in accordance with the principle stipulated in Clause 2, Article 4 of this Decree, ensuring people's access to parks, greenery, and water surfaces;

c) Having plans to conserve and renovate existing water bodies with aesthetic, environmental, cultural, and biodiversity values, and develop artificial water bodies in line with water supply and drainage requirements in areas with water scarcity or flood risk;

d) For existing urban areas, when preparing or adjusting urban planning schemes for renovation and beautification, if the proportion of green space area does not meet technical standards and urban planning management regulations, the green space area index for construction plots must be determined to increase green space area.

2. Design plans for greenery and water surfaces in detailed urban planning schemes or individual street designs must include the following contents:

a) Identifying areas of greenery, water surfaces, and natural ecosystems that need conservation (if applicable); organizing public greenery systems according to height levels, distances between shade trees, and planting plot architectural forms suitable for natural green spaces and architectural spaces;

b) Determining types of greenery expected to be planted to meet requirements specified in Clauses 2 and 3, Article 22, and Clause 1, Article 29 of this Decree.

3. Detailed planning for park construction projects must meet the following requirements:

a) Determining land use structures suitable for each type, nature, and scale of the park; ensuring the green space and water surface area is not less than 65% of the total park area; the commercial park area does not exceed 15% of the total park area and is under 5 hectares;

b) Clearly defining functional zones, non-commercial park areas, and commercial park areas;

c) Determining the scope and boundaries of underground public facility construction areas formed from independent projects, underground transportation facilities, and underground technical infrastructure facilities already identified in district zoning plans, general plans, or underground space plans or specialized technical infrastructure plans approved by competent authorities;

d) Designing greenery and water surfaces in accordance with point a, Clause 2 of this Article.

4. People's Committees at all levels are responsible for:

a) Organizing management and development of public green space land funds within their jurisdiction; developing, conserving, and renovating water surfaces according to approved urban and rural planning schemes;

b) Organizing management, use, and exploitation of public green space lands reclaimed by the State for nurseries or temporary public facilities in cases where investment and construction projects have not yet commenced in accordance with land laws and laws on state asset management and use.

Article 6. Plan for Developing Urban Parks, Greenery, and Water Surfaces

1. The plan for developing urban parks, greenery, and water surfaces shall be developed for centrally-administered cities with the aim of implementing the contents of the urban park, greenery, and water surface planning within the overall urban planning.

2. Based on the requirements for managing the development of urban parks, greenery, and water surfaces, the People's Committee of the province shall decide on the development of plans for developing urban parks, greenery, and water surfaces for cities under its management.

3. Provincial People's Committees shall be responsible for:

a) Entrust the specialized agency responsible for urban parks and greenery under the provincial People's Committee or entrust the People's Committee of the commune to organize the development and submit the plan for developing urban parks, greenery, and water surfaces to the provincial People's Committee for consideration and approval;

b) Consider and approve the plan for developing urban parks, greenery, and water surfaces within its jurisdiction.

4. The agency entrusted with organizing the development of the plan shall be responsible for soliciting opinions from relevant agencies, organizations, and experts through submitting files and documents or organizing meetings and seminars; posting the draft plan on the online portal of the provincial People's Committee and the online portal of the agency organizing the plan development for at least thirty days to seek community feedback.

5. The budget for developing the plan shall come from local government funds or other legitimate sources.

6. The Ministry of Construction shall provide guidance on developing the plan for developing urban parks, greenery, and water surfaces.

Article 7. Resources for Developing Urban Parks, Greenery, and Water Surfaces

1. Capital for investing in the development of urban parks, greenery, and water surfaces includes: state budget capital, non-state budget capital, and other legitimate sources of capital as prescribed by law.

2. Based on the ability to balance the state budget, the urgency of investment projects for developing urban parks, greenery, and water surfaces, and their alignment with planning and related plans, the People's Committees at all levels shall decide on investment or support policies for developing urban parks, greenery, and water surfaces in compliance with laws on public investment, state budget, and other relevant laws.

3. The State encourages economic entities and individuals to participate in investing in the development of urban parks, greenery, and water surfaces through public-private partnership investment forms; supports development as stipulated in Article 8 of this Decree; and exploits park land for business purposes as stipulated in Article 14 of this Decree.

4. The State creates resources for investing in the development of urban parks, greenery, and water surfaces through land fund exploitation and promoting participation in carbon markets, exchanging carbon credits obtained from urban parks and greenery.

Article 8. Support from Organizations and Individuals in Investing in Developing Urban Parks, Greenery, and Water Surfaces

1. Organizations and individuals participating in supporting investment in developing urban parks, greenery, and water surfaces through various forms: cash (Vietnamese dong, foreign currency, or financial instruments convertible into Vietnamese dong); suitable assets and materials for the development needs of urban parks, greenery, and water surfaces; labor contributions, and other forms of support.

2. The provision of support and the utilization of organizational and individual resources for investing in developing urban parks, greenery, and water surfaces must be lawful, objective, transparent, aligned with goals and purposes, economical, and effective; voluntary, for the common benefit of the community and society, and without personal gain.

3. Competent state agencies shall announce a list of investment projects for developing urban parks, greenery, and water surfaces that call for organizational and individual support.

The information to be announced includes: project name, project objectives, project location, planning and architectural indicators, total investment capital, expected funding mobilization, raw materials and physical assets (if any), anticipated sources of investment capital, implementation schedule.

4. The acceptance of organizational and individual support for investing in developing urban parks, greenery, and water surfaces shall be carried out in accordance with relevant laws. The unit entrusted with accepting support shall be responsible for tallying the quantity, specifications, and quality of assets and materials, as well as labor contributions provided by organizations and individuals, and organizing the preservation and use of received assets and materials in accordance with regulations.

Article 9. Carbon Credit Trading from Parks and Greenery

1. Participation in the carbon market, assessment of carbon credit volume, and trading of carbon credits obtained from parks and greenery shall be carried out in accordance with the provisions of environmental protection laws and other relevant laws.

2. Provincial People's Committees are responsible for:

a) Organize monitoring and evaluation of the impact of investment projects for park and greenery development on carbon absorption and other positive environmental impacts.

b) Organize the assessment of carbon credit volume obtained from parks and greenery within the jurisdictional area.

c) Organize propaganda and mobilization of investors in park and greenery development projects to participate in the carbon market.

Article 10. Propaganda, Dissemination, and Legal Education Related to Parks, Greenery, and Water Bodies

1. Ministries, sectors, People's Committees at all levels within their respective duties and authorities shall be responsible for organizing propaganda, dissemination, and legal education related to parks, greenery, and water bodies.

2. State management agencies and educational and training institutions shall be responsible for disseminating information about planting, developing, protecting greenery and water bodies, and related laws into teaching programs and educational activities, suitable to each field of study and level of education.

3. The Vietnam Fatherland Front and its member organizations shall be responsible for coordinating with relevant agencies to propagate and mobilize the people to implement laws related to parks, greenery, and water bodies; plant, protect, and develop parks, greenery, and water bodies.

4. National Tree Day is January 11th every year.

Chapter II
MANAGEMENT OF PARKS

Section 1
GENERAL PROVISIONS

Article 11. Requirements for Park Management

1. Parks shall be classified, graded, and planned at appropriate locations to ensure easy access for the community.

2. Ensure landscape, infrastructure, and environmental protection in parks:

a) Management, development, and maintenance of greenery in parks shall be carried out in accordance with Chapter III of this Decree;

b) Infrastructure in parks shall be maintained, upgraded, and renovated;

c) Arrange trash bins and public restrooms at appropriate locations; clean up trash, dredge drainage ditches, and stormwater drains in parks to ensure they remain clean and free of standing water;

d) Install lighting systems along walkways, resting areas, decorative structures, and important points in parks.

3. Ensure access to functional areas in parks:

a) Do not charge entrance fees for park users and have plans to remove or dismantle hard barriers during new construction, upgrading, and renovation of parks;

b) Organize traffic inside and outside parks to ensure convenience and safety for users, including persons with disabilities. For multi-functional parks and parks larger than 10 hectares, parking areas must be arranged.

4. Ensure security and safety in parks:

a) Establish and maintain security systems, patrol forces, and guards to ensure security and safety for park users;

b) Control and manage safety risks, including maintaining nighttime lighting systems, warning signs, and guidance markers.

5. All parks must have internal regulations to be applied in accordance with Article 12 of this Decree. Park internal regulations shall be publicly posted in easily accessible areas.

6. Management and operation funds for parks funded and managed by the State shall be allocated from the state budget and other legitimate sources of the entity managing the assets in accordance with the law, except as provided for in Clause 7 of this Article. The preparation, approval of plans and budgets for park management and operation shall be carried out in accordance with the law on the state budget and related laws.

7. For parks leased or transferred with a term for exploitation by organizations or individuals, such organizations or individuals shall be responsible for arranging management and operation funds for the parks in accordance with the signed contracts.

Article 12. Park Regulations

1. The park regulations shall include the following main contents:

a) Provisions on ensuring safety, security, and maintaining order in the park;

b) Provisions on ensuring environmental hygiene in the park;

c) Provisions on using facilities in the park;

d) Provisions on preserving nature and landscape in the park;

đ) Provisions on organizing cultural and artistic activities, fairs, exhibitions, and festivals in the park (if applicable);

e) Other necessary requirements.

2. Responsibilities for drafting and promulgating park regulations:

a) The unit entrusted with managing the park's infrastructure assets shall be responsible for organizing the drafting and promulgation of park regulations;

b) Organizations and individuals who draft park regulations they themselves invest in and manage shall submit them to the competent state management agency regarding parks at the provincial level for monitoring according to the classification and authority levels.

Article 13. Organizing commercial trade, service, cultural and artistic activities, and other events in the park

1. Commercial trade and service activities regularly conducted in the park to serve the public and visitors must be consistent with the park's functions, its design and construction planning, and comply with relevant national regulations concerning each type of activity.

2. Cultural and artistic activities, fairs, exhibitions, and festivals organized in the park must be carried out in accordance with park regulations and comply with related laws. Priority should be given to organizing flower and plant fair, exhibition, and business activities during holidays and festivals.

3. The organization of commercial trade, service, cultural and artistic activities, and other events in the park must ensure requirements for landscape, environment, security, safety, and not affect the primary function of the park.

Article 14. Exploiting park land for business purposes

1. Types of constructions permitted to be built on park land for business purposes according to the detailed project investment and construction planning of the park include:

a) Sports and cultural facilities;

b) Commercial facilities including flower and plant markets, shops, and other commercial facilities serving visitors to the park.

2. The exploitation of park land for business purposes in parks invested in and managed by the State shall be implemented in accordance with Articles 37, 38, 39, and 40 of this Decree. Revenue from exploiting park land for business purposes shall be managed and used in accordance with Article 42 of this Decree.

3. Investors developing parks shall organize the exploitation of park land for business purposes in parks they have invested in in compliance with land, investment, construction laws, this Decree, and other related laws.

Section 2
MANAGEMENT AND OPERATION OF URBAN PARKS

Article 15. Requirements for managing and operating urban parks

Managing and operating urban parks must meet the requirements stipulated in Article 11 of this Decree and the following requirements:

1. Exploitation and use in accordance with the determined purpose in the approved detailed project investment and construction planning of the park and other relevant legal provisions.

2. Operation, maintenance, and regular repair of park infrastructure in accordance with technical standards and management and operation procedures approved by the competent authority as stipulated in Article 16 of this Decree.

3. Measures for storing and reusing water to serve irrigation, cleaning, and other water usage activities in the park if necessary when urban drainage infrastructure projects are constructed within the park (including lakes, reservoirs, underground water tanks, and underground sewage treatment facilities).

4. Installation of surveillance cameras connected according to management requirements and regulations of competent authorities.

5. Management of lakes, reservoirs, and underground structures constructed within the park shall be carried out in accordance with Articles 17 and 18 of this Decree, water resources, drainage, and urban underground space management laws, and other relevant legal provisions.

Article 16. Management and Operation Procedures for Parks

1. The management and operation procedures for park facilities shall be established and approved as the basis for managing and operating parks in urban areas, ensuring that parks maintain their landscape, design, and meet exploitation and usage requirements.

2. Contents of the management and operation procedures for parks:

a) Legal basis for establishing the procedures;

b) Principles for managing and operating parks;

c) Information on the characteristics of public greenery to be managed and maintained within the park, including key technical specifications, functional tasks, and equipment in the park;

d) Regulations on the management and maintenance procedures for greenery within the park as stipulated in Clause 2, Article 30 of this Decree;

đ) Regulations on the sequence and maintenance regime for functional works and equipment within the park;

e) Regulations on the responsibilities and authorities of units implementing services related to park management.

3. In cases where lakes in parks serve as flood control reservoirs, separate management and operation procedures for the lake shall be established in accordance with laws on drainage.

4. Responsibilities for establishing and approving management and operation procedures for parks managed by the State (excluding parks invested in by the State and transferred to organizations or individuals for exploitation rights):

a) Units entrusted with managing park infrastructure assets shall organize the establishment of management and operation procedures for parks and submit them to the Provincial People's Committee for approval;

b) The management and operation procedures for parks shall be adjusted to suit actual conditions based on proposals from units implementing park management services. Adjustments to the procedures shall be carried out according to the provisions of point a of this clause.

5. Organizations and individuals with exploitation rights over park infrastructure assets and project investors developing parks shall organize the establishment, approval, and supervision of implementation of management and operation procedures for parks they have exploitation rights over or have invested in and manage.

6. Announcing management and operation procedures for parks:

a) Management and operation procedures for parks must be sent to relevant agencies immediately after the decision to promulgate is signed;

b) Announced on the electronic portal or website of the approving agency, the unit entrusted with managing the assets, and the unit implementing park management services.

7. Funding for the establishment and adjustment of management and operation procedures for parks managed by the State as stipulated in Clause 4 of this Article shall be sourced from the state budget or other lawful sources as prescribed by law.

Article 17. Management of Lakes and Water Surfaces Linked to Public Spaces

1. All organizations and individuals participating in business activities, cultural, sports, tourism, and entertainment services on lakes and water surfaces linked to public spaces must comply with relevant laws, ensuring safety for people and vessels, without affecting the landscape, environment, and functions of the lakes and water surfaces.

2. Aquaculture and fishery activities in lakes must be controlled to ensure ecological balance, prevent water pollution, and not alter the flood control function of the lake.

3. Business activities on lake surfaces must have measures to collect solid waste, treat and discharge wastewater in designated locations. Untreated wastewater and solid waste must not be directly discharged into the lake.

4. Maintaining water levels, dredging lake bottoms, and cleaning lake surfaces must be conducted regularly to fully utilize the flood control, aesthetic, and ecological functions of the lake.

5. Areas with deep water and zones at risk of safety hazards must be marked with warning signs, barriers, or access limits; simultaneously, rescue plans must be prepared to respond promptly to emergencies.

6. Responsibilities for managing flood control lakes within parks:

a) Drainage units are responsible for maintaining stable water levels in flood control lakes and regular dredging of lake bottoms to ensure effective rainwater regulation;

b) Units implementing park management services are responsible for cleaning lake surfaces and shores, and managing and exploiting flood control lakes in accordance with the law;

c) Drainage units and units implementing park management services are responsible for coordinating to establish and sign cooperation agreements for managing, exploiting, and using flood control lakes; these agreements must be submitted to competent authorities and relevant agencies after signing for management in accordance with regulations.

Article 18. Management of underground works within park areas

1. The management of underground works within park areas shall comply with the provisions of laws on urban and rural planning, construction, urban development management, land, and other relevant laws.

2. Implementation of investment and construction of independent public underground projects, underground transportation works, and underground technical infrastructure works within park areas as determined in approved urban plans must meet the following requirements:

a) Ensuring harmonious development of underground works with park space; implementing spatial connections between underground works and parks in accordance with regulations;

b) Not affecting existing works within the park. In cases where it is necessary to allocate part of the park's surface area for construction work, measures must be taken to minimize the project's impact on the park and plans for restoring the park's surface area and assets must be established.

3. Units managing and operating underground works as stipulated in Clause 2 of this Article and units providing services for park management have the responsibility to coordinate in managing and supervising, ensuring security and safety in shared public areas.

Article 19. Selection of entities to provide park management services

1. Entities entrusted with managing state-invested park infrastructure assets have the responsibility to select entities to provide park management services in accordance with laws on the provision of public goods and services for direct exploitation.

2. Organizations and individuals with rights to directly exploit park infrastructure assets may implement or hire entities to provide park management services, ensuring compliance with the asset exploitation contract.

3. Project investors developing parks directly implement or hire entities to provide park management services they invest in until transferring them to the state as prescribed.

4. Park management services are implemented through contracts or other forms as prescribed by law.

Article 20. Rights and Obligations of Entities Providing Park Management Services

1. Rights of entities providing park management services:

a) Proposing competent state agencies to consider amending and supplementing technical standards, technical specifications, and economic-technical norms related to parks;

b) Proposing adjustments to park management and operation procedures to the competent state management agency regarding parks and entities entrusted with managing park infrastructure assets to align with practical needs;

c) Participating in opinions on the design content for upgrading and renovating parks;

d) Other rights as prescribed by law.

2. Obligations of entities providing park management services:

a) Organizing the implementation of park management and operation according to approved park management and operation procedures and other requirements under the law;

b) Managing and protecting park infrastructure assets;

c) Cooperating with state management agencies regarding parks in establishing park databases;

d) Regularly reporting on the management situation of assigned parks to the competent state management agency regarding parks at the provincial People's Committee level.

đ) Other obligations as prescribed by law.

Article 21. Contracts for the provision of park management services

1. A contract for the provision of park management services is a document signed to agree on the management and operation of parks between the entity entrusted with managing the park's infrastructure assets and the selected service provider for park management.

2. A contract for the provision of park management services may include the following main contents:

a) The parties to the contract;

b) The subject matter of the contract;

c) The asset handover documents that the entity entrusted with managing the park's infrastructure assets transfers to the service provider for park management;

d) Park management records; technical requirements and service standards for park management and operation;

đ) Scope, content of work, and duration of the contract; value of the contract;

e) Methods for adjusting the volume and value of the contract; methods for acceptance, payment, settlement;

g) Responsibilities, obligations, and rights of the parties involved;

h) Circumstances for terminating the contract, transferring the contract, and methods for resolution;

i) Other contents but not contrary to the provisions of the law.

Chapter III
MANAGEMENT OF URBAN GREENERY

Section 1
GENERAL PROVISIONS

Article 22. Requirements for the management of public greenery

1. Planting and developing public greenery must comply with urban and rural planning, urban design, urban greenery design schemes, and relevant architectural management regulations approved by competent authorities.

2. Public greenery trees selected for planting must meet the criteria stipulated in Clause 2, Article 26 of this Decree; priority should be given to native trees and those with positive environmental and ecological impacts.

3. The selection of tree arrangements and types suitable for each area, type of street, characteristics of each urban and rural residential area, and landscape and priority purposes must be made.

4. Greenery trees must be maintained, protected, and cared for. When reconstructing roads, upgrading technical pipeline works, or burying overhead power lines and cables in urban areas and rural residential areas, the investor must negotiate and be supervised by the local greenery management authority regarding the implementation of protection plans and tree handling measures.

5. Trees posing a risk of danger must have warning measures, protection, and timely plans for felling, relocation, and replacement.

6. Planting, trimming, felling, and relocating greenery trees within road safety zones, railway traffic safety zones, and power facility protection zones must comply with the provisions of this Decree and other specialized laws.

7. Planting, caring for, protecting, trimming, felling, and relocating public greenery trees must meet technical standards and requirements for greenery, ensuring traffic safety, personal safety, property, and technical infrastructure safety. Shade trees must be numbered for easy monitoring and management.

8. The funding for managing and maintaining public greenery, which is invested and managed by the State, is allocated from the state budget and other legitimate sources of the entity entrusted with managing the assets according to the law. The establishment, approval of plans, and budgets for managing and maintaining public greenery are carried out in accordance with the law on the state budget and related laws.

Article 23. Requirements for managing limited-use greenery

1. Organizations and individuals are responsible for caring for, protecting, pruning, felling, and relocating limited-use greenery planted within the premises of facilities under their management and use, ensuring safety for people and property. Management of greenery that needs to be preserved must comply with the provisions set forth in Article 25 of this Decree.

2. Construction projects must ensure the ratio of land area for greenery according to technical standards. It is encouraged to design and invest in developing green spaces for construction projects to supplement green areas.

3. Planting shade trees within the premises of facilities and decorative plants on balconies, rooftops, and roofs must ensure safety, environmental hygiene, urban aesthetics, and not affect nearby facilities.

Article 24. Requirements for managing specialized greenery

1. Prioritize seedling cultivation of native trees or trees that have been tested over many years under local climatic and soil conditions without invading or nurturing harmful species that seriously impact the environment and human activities.

2. Apply scientific and technological advancements in researching tree varieties, acclimatizing imported trees; nursery work for various types of trees, flowers, and ornamental plants to meet the demand for urban and rural residential greenery supply.

3. Establish nurseries on nursery land determined in urban and rural planning approved by competent authorities or areas not allocated for construction within the safe distance from infrastructure works; establish temporary nurseries on reclaimed land that has not yet been used.

4. Plant and develop isolated greenery around production areas and facilities with pollution risks located within or adjacent to urban and rural residential areas. Encourage planting, developing, and protecting isolated greenery in coastal and river areas of urban and rural residential areas to enhance protective capacity, mitigate the impacts of natural disasters, climate change, and protect infrastructure works.

Article 25. Requirements for managing greenery that needs preservation

1. Greenery that needs preservation must be inventoried by type, assessed for quality, numbered, tagged, fenced, and documented for management and care to serve conservation efforts as prescribed.

2. Management of greenery listed in the categories of endangered, precious, and rare plant species must comply with forestry laws, biodiversity regulations, and other relevant provisions of this Decree.

3. Units, organizations, and individuals assigned to care for and protect greenery that needs preservation are responsible for monitoring, caring for, and protecting each tree according to the provisions of Clause 1 of this Article and other related laws.

4. Organizations and individuals who discover greenery that needs preservation being infringed upon or showing signs of weakening must promptly inform the People's Committee of the commune and the specialized agency responsible for greenery under the People's Committee of the province to take preventive measures and handle the situation as prescribed.

5. The People's Committee of the province is responsible for reviewing and issuing a list of greenery that needs preservation within its jurisdiction.

Article 26. Public Green Trees

1. Information on the characteristics of each public green tree shall be included in the data on public green trees as prescribed in Clause 1, Article 43 of this Decree, including:

a) Scientific name, plant family;

b) Origin, distribution;

c) Identification features: Tree height; trunk diameter; stem diameter; canopy diameter; canopy form; leaf shape, leaf color, leaf shedding period; flowering period, flower color;

d) Value of the tree: Landscape value (low, medium, high); environmental value (low, medium, high); timber value (low, medium, high);

đ) Growth characteristics: Growth rate (slow, medium, fast); root system (small, medium, wide); sunlight requirement (low, medium, high); water requirement (low, medium, high); pruning requirement (low, medium, high); wind resistance (low, medium, high).

2. Public green trees selected for planting must meet the following criteria:

a) Not having parts containing toxins dangerous to humans;

b) Not being listed in the invasive alien species catalog or having the potential to become invasive according to laws on biodiversity;

c) Suitable for local climate and soil conditions.

3. When reviewing and deciding on the selection of public green trees, agencies, organizations, and individuals must comply with the provisions of Clause 2 of this Article.

4. The People's Committee of the province shall be responsible for publishing a list of local public green trees for organizations and individuals to refer to. These trees are shade-providing trees that comply with the provisions of Clause 2 of this Article.

Article 27. Cutting Down and Moving Public Green Trees

1. Conditions for cutting down and moving public green trees:

a) Dead or fallen trees;

b) Trees posing a risk of danger;

c) Fruit-bearing trees with the potential to fall or drop and trees producing odors affecting health and the environment;

d) Green trees in areas implementing investment construction projects;

đ) Green trees affecting community traffic capacity;

e) Green trees requiring cutting down according to laws on roads, railways, electricity, and other relevant laws.

2. Cases of cutting down and moving public green trees exempt from permits:

a) Green trees at risk of falling due to emergency natural disasters;

b) Dead or fallen trees;

c) Green trees within a plan for cutting down and moving approved by competent state management authorities;

d) Green trees in areas implementing investment construction projects where agreements on cutting down and moving plans have been reached with competent state management authorities according to the分级权限规定，省级人民政府在项目投资建设准备阶段批准的权限划分。

3. Cases of cutting down and moving public green trees requiring permits:

a) Green trees listed in the conservation catalog not covered by the exemption provisions of Clause 2 of this Article;

b) Public green trees that are shade-providing trees not covered by the exemption provisions of Clause 2 of this Article.

4. The People's Committee of the province shall be responsible for delegating authority to specialized agencies under its jurisdiction and People's Committees of communes to issue permits for cutting down and moving public green trees within the province in accordance with the organization regulations of local administrative bodies.

5. Procedures and formalities for issuing permits for cutting down and moving public green trees:

a) Organizations and individuals shall prepare one set of application documents for a permit to cut down and move public green trees in accordance with Clause 6 of this Article and submit them to the competent state management authority according to the delegation of the provincial People's Committee for processing;

b) Within twenty working days from the date of receipt of complete application documents for cases involving the cutting down and moving of trees listed in the conservation catalog, or within ten working days from the date of receipt of complete application documents for other cases, the competent state management authority according to the delegation of the provincial People's Committee shall review and issue permits for cutting down and moving public green trees in accordance with Model No. 02 of Appendix I of this Decree, or notify organizations and individuals of the results of their applications if the trees do not meet the conditions for cutting down and moving.

6. Application documents for a permit to cut down and move public green trees include:

a) An application for a permit to cut down and move public green trees in accordance with Model No. 01 of Appendix I of this Decree: One original copy;

b) Photographs of the current condition of the trees to be cut down and moved: One copy;

c) Other related documents concerning the trees to be cut down and moved (if any): One copy.

7. Implementation of cutting down and moving public green trees:

a) The validity period of the permit for cutting down and moving public green trees is thirty days from the date of issuance; if the organization or individual has not carried out the cutting down and moving within thirty days from the date of issuance, they must reapply for a new permit;

b) Before implementing the cutting down and moving of public green trees, the organization or individual must notify the unit responsible for managing infrastructure assets and representatives of self-governing organizations of the community where the trees to be cut down and moved are located to inform the community;

c) In cases where cutting down and moving public green trees are exempted from permits according to point a and b of Clause 2 of this Article, organizations and individuals must prepare a record witnessed by the unit responsible for managing infrastructure assets, representatives of self-governing organizations of the community, and color photographs of the current condition of the trees before cutting down and moving, and report back to the competent public green tree management authority within ten days from the completion of the cutting down and moving of the trees;

d) The unit responsible for managing infrastructure assets shall organize the recovery of wood and other materials from the process of cutting down and moving public green trees managed by itself.

8. In cases where public green trees that are shade-providing trees are permitted to be cut down and moved according to the conditions specified in points a, b, and c of Clause 1 of this Article, the content of the permit for cutting down and moving public green trees must include a replanting and replacement plan for trees at the location of cutting down and moving.

Article 28. Compensation and Damages Related to Public Greenery Trees

1. In cases where organizations or individuals propose to cut down or relocate public greenery trees that are currently developing normally under the conditions specified in point d, e, Clause 1 of Article 27 of this Decree:

a) Organizations and individuals shall comply with the provisions on cutting down and relocating greenery trees as stipulated in Article 27 of this Decree; they shall compensate for the cost of caring for the greenery trees and bear all costs associated with cutting down and relocating the greenery trees;

b) The cost of caring for the greenery trees that organizations and individuals must compensate includes the cost of caring for the greenery trees from the time the tree was planted at the location of cutting down or relocation to the time the proposal to cut down or relocate is made; if the planting time cannot be determined, the care period is calculated as 20 years;

c) The cost of cutting down and relocating greenery trees shall be calculated based on the standard rates and unit prices approved by the competent authority for the unit providing services for managing greenery trees in the area.

2. In cases where organizations or individuals damage public greenery trees, they shall be subject to administrative penalties or criminal liability as prescribed by law.

3. In cases where greenery trees break or fall causing harm to people or property:

a) Organizations and individuals (including those grazing livestock) who cause greenery trees to break or fall must compensate the organizations, individuals, or families whose people or property have been damaged according to the provisions of the Civil Code and other relevant laws;

b) The unit providing services for managing greenery trees shall be responsible for compensating organizations, individuals, or families whose people or property have been damaged according to the law when it fails to implement the management and maintenance procedures for greenery trees as approved by the competent authority;

c) The unit providing services for managing greenery trees and the person causing the damage shall not be liable for compensation in cases where the tree breaks or falls due to force majeure or entirely due to the fault of the party suffering the damage.

4. In cases where public greenery trees pose a risk of damage to construction works, upon request of the owner of the construction work or through regular monitoring and inspection, the unit providing services for managing greenery trees or the unit assigned to manage infrastructure assets of greenery trees must take measures to prune or cut down and relocate the greenery trees. The owner of the construction work does not have to bear the cost of pruning or cutting down and relocating the greenery trees.

Section 2
MANAGEMENT AND MAINTENANCE OF PUBLIC GREENERY TREES IN URBAN AREAS CÔNG CỘNG TẠI ĐÔ THỊ

Article 29. Requirements for Management and Maintenance of Public Greenery Trees in Urban Areas

Management and maintenance of public greenery trees in urban areas must meet the requirements set forth in Article 22 of this Decree and the following requirements:

1. New trees with sharp thorns or fruit trees with the potential to fall and cause danger shall not be planted. If already planted, warning and protective measures must be taken, and plans for cutting down, relocating, or replacing such trees must be established within street space.

2. Annually, public greenery trees in urban areas shall be pruned to ensure safety during the rainy season.

3. Planting, caring for, pruning, protecting, cutting down, and relocating greenery trees must be carried out in accordance with the technical standards and management and maintenance procedures for public greenery trees as stipulated in Article 30 of this Decree.

Article 30. Management and maintenance procedures for public greenery trees

1. The management and maintenance procedures for public greenery trees shall be established and approved as the basis for managing and maintaining public greenery trees in urban areas; ensuring that greenery trees develop well, safely, and meet urban landscape requirements.

2. Contents of the management and maintenance procedures for public greenery trees:

a) Legal basis for establishing the procedures;

b) Principles for managing and maintaining public greenery trees;

c) Information on the characteristics of public greenery trees that need to be managed and maintained;

d) Regulations on the procedures for planting public greenery trees;

đ) Regulations on the procedures and regimes for protecting and caring for public greenery trees;

e) Regulations on the procedures for trimming, felling, and relocating public greenery trees;

g) Regulations on the responsibilities and authorities of units implementing services related to greenery tree management.

3. Responsibilities for establishing and approving management and maintenance procedures for public greenery trees invested in and managed by the State:

a) Units entrusted with managing infrastructure assets of greenery trees shall organize the establishment of management and maintenance procedures for public greenery trees and submit them to the People's Committee at the competent level for approval;

b) The management and maintenance procedures for public greenery trees shall be adjusted to suit reality based on proposals from units implementing greenery tree management services. Adjustments to the procedures shall be carried out according to the provisions of point a of this clause.

4. Organizations and individuals organizing the establishment, approval, and supervision of implementation of management and maintenance procedures for public greenery trees they invest in and manage.

5. Publicizing management and maintenance procedures for public greenery trees:

a) The management and maintenance procedures for public greenery trees must be sent to relevant agencies immediately after signing the decision to promulgate;

b) Announced on the electronic portal or website of the approving agency, the unit entrusted with managing the asset, and the unit implementing greenery tree management services.

6. Funding for establishing and adjusting management and maintenance procedures for public greenery trees invested in and managed by the State shall be sourced from the state budget or other lawful sources as prescribed by law.

Article 31. Selection of units providing greenery tree management services

1. Units entrusted with managing infrastructure assets of greenery trees invested in and managed by the State shall be responsible for selecting units providing greenery tree management services in accordance with laws on supplying public products and services.

2. Organizations and individuals shall directly implement or hire services for managing public greenery trees they have invested in until they are handed over to the State for management as prescribed.

3. Greenery tree management services shall be implemented through contracts or other forms as prescribed by law.

Article 32. Rights and obligations of units providing greenery tree management services

1. Rights of units providing greenery tree management services:

a) Propose competent state agencies to consider amending and supplementing technical standards, technical specifications, and economic-technical norms related to greenery trees;

b) Propose to state management agencies on greenery trees and units entrusted with managing infrastructure assets of greenery trees to adjust management and maintenance procedures for public greenery trees to suit reality;

c) Other rights as prescribed by law;

2. Obligations of units providing greenery tree management services:

a) Organize the implementation of management and maintenance of public greenery trees according to approved management and maintenance procedures for public greenery trees and other requirements stipulated by law;

b) Manage and protect infrastructure assets of greenery trees;

c) Organize the implementation of planting and developing public greenery trees according to plans determined in signed contracts or orders of competent state agencies;

d) Prepare monitoring files on the development status of trees; prepare plans for trimming, felling, and relocating greenery trees and submit them to competent authorities for approval while organizing their implementation;

đ) Coordinate with state management agencies on greenery trees in establishing databases on greenery trees;

e) Report periodically on the management situation of greenery trees in the assigned area to state management agencies on parks and greenery trees at the provincial People's Committee level.

g) Other obligations as prescribed by law.

Article 33. Contracts for the Implementation of Green Tree Management Services

1. A contract for the implementation of green tree management services is a signed agreement regarding the management and maintenance of public green trees between the unit entrusted with managing the infrastructure assets of green trees and the selected unit to perform green tree management services.

2. A contract for the implementation of green tree management services may include the following main contents:

a) The parties to the contract;

b) The subject matter of the contract;

c) Asset files (asset inventory, asset value) handed over by the state-owned enterprise or owner to the management unit;

d) Green tree management files; technical requirements and service standards for planting, caring for, growing seedlings, protecting, and cutting down and relocating public green trees;

đ) Scope, content of work, and duration of the contract; value of the contract;

e) Methods for adjusting the volume and value of the contract; methods for acceptance, payment, settlement;

g) Responsibilities, obligations, and rights of the parties involved;

h) Circumstances for terminating the contract, transferring the contract, and methods for resolution;

i) Other contents but not contrary to the provisions of the law.

Chapter IV
MANAGEMENT, USE AND EXPLOITATION OF INFRASTRUCTURE ASSETS OF PARKS AND GREEN TREES INVESTED BY THE STATE

Article 34. Principles of Management, Use and Exploitation of Infrastructure Assets of Parks and Green Trees

1. All infrastructure assets of parks and green trees invested in and managed by the State shall be assigned management according to the provisions of the law. The management and exploitation of park infrastructure assets shall be carried out under market mechanisms.

2. To distinguish between the state administrative activities of state agencies concerning park and green tree infrastructure assets and the exploitation and business activities of units exploiting park and green tree infrastructure assets.

3. Infrastructure assets of parks and green trees must have complete records, statistics, accounting, and inventory of physical items and values; maintain assets according to the provisions of this Decree and other relevant laws.

4. The management, use, and exploitation of infrastructure assets of parks and green trees invested in and managed by the State must ensure transparency; subject to supervision, inspection, audit; all violations of laws on the management and use of assets must be dealt with promptly and strictly according to the law.

5. The management, use, and exploitation of land and water bodies associated with park infrastructure assets shall be carried out in accordance with the laws on land and the provisions of this Decree.

Article 35. Authority to Assign Management, Approve Exploitation Plans and Handle Infrastructure Assets of Parks and Green Trees

1. The People's Committee of the province decides to assign management, approve exploitation plans, and handling schemes for infrastructure assets of parks and green trees in the following cases:

a) New infrastructure assets of parks and green trees decided to be invested in by the People's Committee of the province;

b) Infrastructure assets of parks formed from construction projects handed over to the State for management according to the law;

c) Public green tree infrastructure assets formed from urban development construction projects handed over to the State for management according to the law;

d) Park infrastructure assets invested in through public-private partnership models transferred to the Government of Vietnam.

2. The People's Committee of the commune decides to assign management, approve exploitation plans, and handling schemes for infrastructure assets of parks and green trees, except for those specified in Clause 1 of this Article.

Article 36. Management of Infrastructure Assets of Parks and Green Spaces

1. Units entrusted with managing infrastructure assets of parks and green spaces include:

a) People's Communes;

b) Specialized agencies on parks and green spaces under People's Committees at all levels;

c) Public service units with functions related to managing parks and green spaces.

2. The competent People's Committee shall consider and decide on entrusting management of infrastructure assets of parks and green spaces to the entities specified in Clause 1 of this Article.

3. Responsibilities for preparing proposals to entrust management of infrastructure assets of parks and green spaces invested and managed by the State, and submitting them to the competent People's Committee for consideration and decision are as follows:

a) Project investors developing parks and green spaces for new infrastructure assets of parks and green spaces;

b) Units currently entrusted with managing assets for existing infrastructure assets of parks and green spaces or infrastructure assets of parks and green spaces handed over to State management.

4. After the decision on asset transfer by the competent People's Committee, the handover and acceptance of infrastructure assets of parks and green spaces shall be recorded in a protocol and carried out as follows:

a) For assets currently managed by the unit entrusted with management, continue to manage according to regulations;

b) For assets currently managed by other agencies or units, hand them over to the unit entrusted with management.

5. The Ministry of Construction shall provide detailed regulations on the procedures and formalities for entrusting management of infrastructure assets of parks and green spaces.

Article 37. Exploitation Methods of Infrastructure Assets of Parks and Green Spaces

1. Units entrusted with managing infrastructure assets of parks and green spaces shall directly organize exploitation of such assets.

2. Lease rights to exploit infrastructure assets of parks.

3. Transfer with time limit rights to exploit infrastructure assets of parks.

4. Other methods as prescribed by law.

Article 38. Units Entrusted with Managing Infrastructure Assets of Parks and Green Spaces Directly Organize Exploitation of Assets

Units entrusted with managing infrastructure assets of parks and green spaces shall directly organize exploitation of assets in the following cases:

1. Infrastructure assets of green spaces not located within parks.

2. Infrastructure assets of parks without organizations or individuals registering to implement exploitation methods as stipulated in Clauses 2 and 3 of Article 37 of this Decree.

Article 39. Leasing Rights to Exploit Infrastructure Assets of Parks

1. Leasing rights to exploit infrastructure assets of parks shall be implemented in accordance with laws on auctioning assets. The lease term shall be specifically defined in the lease contract.

2. Units entrusted with managing infrastructure assets of parks have the responsibility to:

a) Prepare a proposal for approval of the leasing plan for infrastructure assets of parks and submit it to the competent People's Committee for consideration and approval;

b) Sign a lease contract for infrastructure assets of parks with organizations or individuals selected according to regulations.

3. A lease contract for infrastructure assets of parks may contain the following main contents:

a) Information of the lessor and lessee;

b) List of leased assets;

c) Lease term; rental price; payment method and term; principles for adjusting rental prices; maintenance and repair responsibilities and other necessary contents;

d) Rights and obligations of both parties; responsibilities of both parties in handling early termination of the contract;

đ) Responsibility for implementation.

4. Rights of the lessee of infrastructure assets of parks:

a) Exploit assets in accordance with legal provisions and the signed contract;

b) Decide on methods and measures to effectively exploit assets;

c) Be protected by the State in their legitimate rights and interests; complaints and lawsuits according to legal provisions.

5. Obligations of the lessee of infrastructure assets of parks:

a) Maintain and repair leased assets (including land and water surfaces); prevent loss, encroachment, and other violations as prescribed by law;

b) Use assets for their intended purpose; shall not transfer, sell, give away, mortgage, or contribute as capital;

c) Ensure exploitation in compliance with requirements stipulated in the signed contract;

d) Ensure payment method and term for leasing assets;

đ) Return leased assets in cases stipulated in Clause 6 of this Article;

e) Bear legal responsibility when violating provisions in the signed contract.

6. During the lease contract period, if organizations or individuals voluntarily return the assets or the State needs to reclaim them for national defense, security, national interest, or public interest purposes, they must hand over the assets to the State in accordance with laws on management and use of public assets, land laws, and other relevant laws. Organizations or individuals will be compensated or supported according to legal provisions.

7. The Ministry of Construction shall provide detailed regulations on procedures and formalities for preparing and approving plans to lease rights to exploit infrastructure assets of parks.

Article 40. Transfer with a Term of Rights to Exploit Infrastructure Assets of Parks

1. The transfer with a term of rights to exploit infrastructure assets of parks shall be carried out in accordance with the provisions of the law on auctioning assets. The term of the transfer of rights to exploit assets shall be specifically determined in the transfer contract.

2. The unit entrusted with managing the assets shall be responsible for:

a) Preparing a dossier to request approval of the project for transferring rights to exploit infrastructure assets of parks with a term and submitting it to the People's Committee at the appropriate level for consideration and approval;

b) Signing a transfer contract with organizations or individuals selected according to the prescribed regulations.

3. The transfer contract with a term of rights to exploit infrastructure assets of parks may include the following main contents:

a) Information of the transferring party and the receiving party;

b) List of assets subject to the transfer with a term of rights to exploit;

c) Term of transfer; transfer price; payment method and term; maintenance and repair responsibilities performed and paid for by the receiving party; planned investment projects and upgrades and other necessary contents;

d) Rights and obligations of both parties; responsibilities of both parties in handling early termination of the contract;

đ) Responsibility for implementation.

4. Rights of the party receiving the transfer with a term of rights to exploit infrastructure assets of parks:

a) To use and operate the assets according to the signed contract;

b) To enjoy state policies on encouragement and incentives for investment in constructing assets as stipulated by the investment law and other relevant laws;

c) To use the property rights and value received from the transfer to raise capital in accordance with the law;

d) To lodge complaints and initiate lawsuits in accordance with the law if their rights and interests are violated.

5. Obligations of the party receiving the transfer with a term of rights to exploit infrastructure assets of parks:

a) To implement the project according to the approved planning and project, on schedule and quality; maintain the assets in accordance with technical requirements and other provisions in the signed contract;

b) To pay the transfer price according to the signed contract;

c) To return the transferred asset in the cases specified in Clause 6 of this Article;

d) To bear legal responsibility when violating the provisions in the signed contract.

6. During the implementation period of the transfer contract of rights to exploit infrastructure assets of parks, if the State needs to reclaim the assets for national defense, security, national interest, or public interest purposes, the organization or individual receiving the transfer with a term of rights to exploit infrastructure assets of parks shall be responsible for handing over the assets to the State in accordance with the law on management and use of state assets, land law, and other relevant laws. Organizations and individuals will be compensated and supported in accordance with the law.

7. The Ministry of Construction shall provide detailed regulations on the procedures and formalities for preparing and approving the project for transferring rights to exploit infrastructure assets of parks with a term.

Article 41. Handling of Infrastructure Assets of Parks and Green Trees

1. The application of forms for handling infrastructure assets of parks and green trees shall be implemented according to the cases prescribed by the law on management and use of state assets for infrastructure assets. During the waiting period for handling, the unit exploiting the assets proposed for handling shall be responsible for preserving and protecting the assets in accordance with the law.

2. The unit entrusted with managing the assets shall be responsible for preparing a dossier to propose the handling of the assets and submitting it to the People's Committee at the appropriate level for consideration and decision. After the decision on handling the assets by the People's Committee at the appropriate level, the organization shall conduct an auction of the assets in accordance with the law on auctioning assets in the case of selling the assets or organize the acceptance and handover of the assets in the case of reallocating the assets or demolishing and canceling the assets in the case where the assets are no longer usable, or organize a tender to select organizations or individuals to carry out demolition and cancellation simultaneously with the sale of recovered materials.

3. In the case where standing green trees are felled according to Article 27 of this Decree, there is no need to complete the asset handling procedures before felling, except when felling green trees simultaneously with the sale of recovered materials according to Clause 2 of this Article. After felling and relocating green trees, the unit entrusted with managing the infrastructure assets of green trees shall be responsible for:

a) Reporting to the People's Committee at the appropriate level about the felling and relocation of green trees;

b) Proposing the handling of wood and other materials recovered from the felling and relocation process according to the procedures and formalities for handling infrastructure assets of green trees.

4. Materials recovered from the felling and relocation of green trees shall be handled in the following manner:

a) Wood recovered from the felling and relocation of green trees shall be handled through sale and implemented according to similar regulations on handling materials recovered during the maintenance and repair of state assets under the law on management and use of state assets;

b) Recovered auxiliary equipment that can still be used shall continue to be managed and used by the unit entrusted with managing the assets to serve the planting and maintenance of green trees;

c) Firewood and other recovered materials that cannot be used shall be canceled.

5. The Ministry of Construction shall provide detailed regulations on the procedures and formalities for handling infrastructure assets of parks and green trees.

Article 42. Management and Use of Revenue from Exploitation and Processing of Park Infrastructure Assets and Greenery

Clause 1. The revenue from exploitation and processing of park infrastructure assets and greenery includes:

Point a) Revenue from the exploitation of park infrastructure assets and greenery directly organized by the unit entrusted with managing the assets.

Point b) Revenue from leasing the right to exploit or transferring the right to exploit park infrastructure assets for a limited time.

Point c) Revenue from processing park infrastructure assets and greenery (including compensation paid by insurance companies and other organizations and individuals).

Clause 2. The revenue from exploitation and processing of park infrastructure assets and greenery shall be managed and used as follows:

Point a) In cases where park infrastructure assets and greenery are entrusted to public service units for management and exploited through direct organization of exploitation, the revenue from exploitation and processing of assets shall be used to cover related expenses, repay borrowed capital and raised capital (if any), fulfill financial obligations to the State as prescribed by law, and the remainder shall be fully deposited into the state budget.

Point b) For revenue from exploitation and processing of park infrastructure assets and greenery not covered under point a of this clause, after deducting related expenses for exploitation and processing of assets, the remainder shall be fully deposited into the state budget.

Clause 3. In cases where the revenue from exploitation and processing of assets as stipulated in points a and c of Clause 1 of this Article is insufficient to cover expenses or does not generate income from asset processing, the shortfall shall be funded from the state budget estimate or legitimate funds of the unit entrusted with managing the assets.

Clause 4. In cases where trees are felled or relocated to implement investment projects for construction works or tree development projects, and the costs of felling and relocating have been allocated within the total investment ceiling approved by the competent authority, the management and use of revenue from felling and relocating shall be carried out according to relevant laws, not following the provisions of Clauses 2 and 3 of this Article.

Clause 5. In cases where old structures are demolished to implement new construction investment projects, and the demolition costs have been allocated within the total investment ceiling of the new construction project approved by the competent authority, the management and use of revenue from demolition shall be carried out according to relevant laws, not following the provisions of Clauses 2 and 3 of this Article.

Chapter V
IMPLEMENTATION

Article 43. Construction of Database on Parks, Greenery, Water Surfaces and Implementation of Reporting System

Clause 1. The database on parks, greenery, water surfaces includes: statistical indicators on parks, greenery, water surfaces; data on public greenery; current status of public park systems, greenery requiring conservation, and water surfaces; detailed planning of parks and design of greenery and water surfaces; other necessary data for managing parks, greenery, and water surfaces.

Clause 2. Responsibilities for constructing the database on parks, greenery, water surfaces and implementing the reporting system:

Point a) The Ministry of Construction is responsible for compiling statistics on parks, greenery, and water surfaces in urban areas and rural residential areas nationwide.

Point b) Provincial People's Committees are responsible for directing the construction of databases to serve management, planning, and investment development of parks, greenery, and water surfaces within their jurisdiction.

Point c) Specialized agencies under provincial People's Committees are responsible for coordinating the construction, updating, and compilation of databases on parks, greenery, and water surfaces; reporting to provincial People's Committees and the Ministry of Construction on park, greenery, and water surface management and development annually before December 15.

Point d) Commune People's Committees and units entrusted with managing parks and greenery are responsible for constructing and updating databases on parks, greenery, and water surfaces within their jurisdiction and reporting to specialized agencies under provincial People's Committees before December 1 annually for monitoring and compilation; storing records as prescribed by law.

Point đ) Organizations and individuals are responsible for providing data on parks, greenery, and water surfaces they manage to local state management agencies on parks and greenery.

Article 44. Responsibilities of Ministries and Sectors

1. The Ministry of Construction shall be responsible for:

Point a) National-level state management over parks and greenery.

Point b) Issuing regulations or submitting to competent authorities for issuance of normative legal documents, technical standards, and criteria on parks, greenery, and water surfaces according to the division of functions and tasks assigned by the Government.

Point c) Guiding the establishment and management of service fees for park and greenery management.

Point d) Guiding the construction of databases on parks, greenery, and water surfaces.

Point đ) Supervising compliance with laws on parks and greenery nationwide.

Point e) Fulfilling other responsibilities of the Ministry of Construction as prescribed in this Decree.

2. The Ministry of Finance shall be responsible for:

Point a) Specifying management regimes, depreciation, and amortization of park infrastructure assets and greenery.

Point b) Guiding documentation, statistics, accounting, inventory, revaluation, and reporting on park infrastructure assets and greenery invested in and managed by the State.

Point c) Fulfilling other responsibilities of the Ministry of Finance as prescribed in this Decree.

Clause 3. The Ministry of Agriculture and Rural Development is responsible for:

Point a) State management of land with water surfaces and surface water in urban and rural residential areas according to laws on land, water resources, and biodiversity.

Point b) Inspecting and guiding the management and protection of greenery listed in the catalog of endangered, precious, and rare plant species; plant quarantine for imported greenery.

Point c) Fulfilling other responsibilities of the Ministry of Agriculture and Rural Development as prescribed in this Decree.

4. Ministries and ministerial-level agencies within their respective functions, tasks, and authorities shall be responsible for coordinating with the Ministry of Construction, the Ministry of Finance, and the Ministry of Agriculture and Rural Development to manage state affairs concerning parks, trees, and water surfaces.

Article 45. Responsibilities of the Provincial People's Committee

1. Organize state management over parks, trees, and water surfaces throughout the province; assign and delegate management of parks, trees, and water surfaces on the provincial territory to specialized agencies under its direct supervision and People's Committees at all levels in accordance with this Decree and the regulations on local administrative organization.

2. Publish the list of public trees used locally; issue the list of trees that need to be preserved on the provincial territory; establish a database on parks, trees, and water surfaces within the province.

3. Issue mechanisms and policies to encourage investment in developing parks, trees, and water surfaces within the province; mechanisms and policies for self-management models of parks and trees in rural residential areas.

4. Organize inspections and oversight of investment development, management, use, and exploitation of parks, trees, and water surfaces; conduct audits, inspections, and handle violations of laws related to parks, trees, and water surfaces within the province.

5. Fulfill other responsibilities of the Provincial People's Committee as stipulated in this Decree.

Article 46. Responsibilities of Citizens and Communities

1. Participate in contributing, providing feedback, and supervising activities related to the management and development of parks, trees, and water surfaces; inform local authorities or relevant agencies on the provincial territory about contributions, feedback, and supervision.

2. Participate in supporting promotional work to raise community awareness about protecting and developing parks, trees, and water surfaces and their role in sustainable urban and rural development.

3. Create favorable conditions for organizations and individuals to invest in developing parks, trees, and water surfaces.

4. Protect the infrastructure of public parks, trees that need to be preserved, and water surfaces; maintain the landscape and general cleanliness in park areas and areas with water surfaces. Inform local authorities or relevant agencies about acts of infringement and destruction of parks, trees, and water surfaces.

5. Increase the use of green, environmentally friendly means when visiting park areas and areas with water surfaces.

6. Comply with other relevant laws concerning parks, trees, and water surfaces.

Article 47. Effective Date

1. This Decree takes effect from the date of issuance.

2. Repeal the following regulatory legal documents:

a) Government Decree No. 64/2010/NĐ-CP dated June 11, 2010, on urban tree management;

b) Clause 20 of Government Decree No. 140/2025/NĐ-CP dated June 12, 2025, on defining the jurisdiction of two-tier local governments in the field of state management by the Ministry of Construction.

3. In cases where the regulatory legal documents referred to in this Decree are amended, supplemented, or replaced, they shall be implemented according to the corresponding provisions in the amended, supplemented, or replacing documents.

4. Transitional provisions:

a) Central cities that have approved plans, programs, and plans for developing parks, trees, which still have implementation periods, do not need to develop urban park, tree, and water surface development plans until necessary adjustments or supplements are required;

b) Provincial People's Committees that have issued lists of plants, prohibited plants, and restricted plants according to Government Decree No. 64/2010/NĐ-CP dated June 11, 2010, on urban tree management do not need to publish the List of Public Trees Used Locally until changes or supplements to the types of public trees are required;

c) In cases where organizations or individuals submit applications for cutting down or relocating trees before this Decree takes effect, the issuance of permits for cutting down or relocating trees will continue to be carried out according to the provisions of Government Decree No. 64/2010/NĐ-CP dated June 11, 2010, on urban tree management;

d) Contracts for exploiting park infrastructure assets that have been signed by competent authorities in accordance with the law before this Decree takes effect shall continue to be implemented according to the terms of the signed exploitation contracts;

đ) For park infrastructure assets and trees that have been decided by competent authorities for disposal before this Decree takes effect but have not yet been completed, they shall continue to be implemented according to the decisions of competent authorities; works that have not been carried out to organize asset disposal until this Decree takes effect shall be implemented according to the provisions of this Decree.

5. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree.